Forsythe v. McDonough

(1) Whether the U.S. Court of Appeals for the Federal Circuit misinterpreted 38 U.S.C. § 5103(a)(1) to allow the Department of Veterans Affairs to issue evidentiary notice only before receiving a veteran"s claim, even though the statute requires notice that accounts for evidence "not previously provided to the Secretary that is necessary to substantiate the claim"; and (2) whether the Federal Circuit violated the longstanding doctrine of Accardi v. Shaughnessy by permitting the VA to violate its own regulation on the ground that the agency"s noncompliance cannot be "prejudicial" to veterans.